Is my nanny, baby nurse or babysitter my employee?

Generally speaking, nannies, baby nurses and babysitters are considered employees. One of the things that a lot of people don´t think about is that there are different classes of employees. You can have a temporary employee, such as a baby nurse who only works for you for a short period of time but is still an employee. You can have a part time employee, which is someone who comes to your home on a regular basis but perhaps for only a very few number of hours each week. That person may be part time but they are still an employee. Or you can have a full time nanny who really is easier to see as a full time employee. A lot of times people look at these kinds of relationships and say I can classify this person as an independent contractor and that is okay. And that is in compliance with the law because this person does not work a full time schedule or they are only with our family for a set number of weeks. That is not the law. And if the employment relationship is not treated as such, families open themselves up to a lot of liability.

Lisa Pierson Weinberger

Attorney

Lisa Pierson Weinberger is the founder of Mom, Esq., a legal practice dedicated to helping parents understand and maximize their maternity leave benefits, have peace of mind when hiring employees in their homes, and find a good work/life balance when they return to the workplace after having a baby. Prior to founding Mom, Esq., Lisa spent seven years working at the entertainment law firm of Greenberg Glusker working as an employment lawyer with many of Hollywood's A-List celebrities. She counseled on matters related to large domestic staffs, advising on the hiring process, backgrounds checks, wage and hour issues, counseling, discipline and terminations, and preparing employment applications, offer letters and a variety of agreements including employment, confidentiality, arbitration, severance and release agreements. Lisa has a Bachelors in Psychology, with Honors, from Washington University in St. Louis, and a J.D. from the UCLA School of Law where she served on the UCLA Law Review.

Generally speaking, nannies, baby nurses and babysitters are considered employees. One of the things that a lot of people don´t think about is that there are different classes of employees. You can have a temporary employee, such as a baby nurse who only works for you for a short period of time but is still an employee. You can have a part time employee, which is someone who comes to your home on a regular basis but perhaps for only a very few number of hours each week. That person may be part time but they are still an employee. Or you can have a full time nanny who really is easier to see as a full time employee. A lot of times people look at these kinds of relationships and say I can classify this person as an independent contractor and that is okay. And that is in compliance with the law because this person does not work a full time schedule or they are only with our family for a set number of weeks. That is not the law. And if the employment relationship is not treated as such, families open themselves up to a lot of liability.